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New York Civil Litigation Legal Questions

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276 legal questions have been posted about civil litigation by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
New York Civil Litigation Questions & Legal Answers - Page 6
Do you have any New York Civil Litigation questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 276 previously answered New York Civil Litigation questions.
Civil Litigation
New York

Recent Legal Answers

My attorney withdraw in the middle of a case. Should I discontinuing the case or keep going

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends if you can afford to pay another person.  If the case was on contingency, shop it around to other lawyers.
It depends if you can afford to pay another person.  If the case was on contingency, shop it around to other lawyers.

If the persons properlty damage limit isn't big enough to cover the damage too my car can I sued them for the rest

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes you can.  Collection is the issue.
Yes you can.  Collection is the issue.

Is a used car dealership operating as a DBA required to have a lawyer in a lawsuit

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Under New York State law, a corporation must be represented by a lawyer in any court except Small Claims.
Under New York State law, a corporation must be represented by a lawyer in any court except Small Claims.

In New York City what would the hourly rate for an attorney in a dispute over an inheritance?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no "standard" amount.  Interview attorneys about the case. 
There is no "standard" amount.  Interview attorneys about the case. 

I have a problem with water letting on my property and doing damage from neighbors pond, what type of a litigation attorney do I need

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Real estate litigation
Real estate litigation

We won in small claims City court. This was appealed to County court. They have failed to follow through. How do we file a motion of dismissal?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
A non-perfected appeal will be dismissed by the court without you doing anything.
A non-perfected appeal will be dismissed by the court without you doing anything.

Collecting a judgment against an auto manufacturer

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Turn the matter over to a Marshal or Sheriff.  The subpoena will be ignored.
Turn the matter over to a Marshal or Sheriff.  The subpoena will be ignored.

my attorney took me to court to remove himself from being my attoreny

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
A court is not going to force an attorney to represent you against their will, unless the matter is on the eve of trial.  If the case is still going, the standard order gives you 30 days to get another lawyer.  After that, the case will start up again with you pro se.
A court is not going to force an attorney to represent you against their will, unless the matter is on the eve of trial.  If the case is still... Read More

How can I get a probonal lawyer

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You did not say what the case is for.  You might qualify for legal aid.  Ask the court clerk in the courthouse.   ------------------------------------------------------ Are you still interested in this case?  I have not heard from you.   Michael D. Siegel, Esq. 212-721-5300 212-947-9967 (fax)... Read More
You did not say what the case is for.  You might qualify for legal aid.  Ask the court clerk in the... Read More

I was a party of law suits for non payment of a commercial litigation. I want to appeal asap

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You probably want to move to vacate the judgment to restore the case.  You do not really want to appeal.  I would need to see which court this is in, and what the final judgment says to opine further.
You probably want to move to vacate the judgment to restore the case.  You do not really want to appeal.  I would need to see which court... Read More

I had a joint account with my niece and she took all the money, I am only trying to get back what I deposited

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer
Your niece stole from you. You can and should make a police report but be prepared to document your ownership of your portion of the money with cancelled checks and bank statements showing your checks deposited into the account. If all your deposits were cash you have a problem- you have to prove you made the deposits You can also sue her civilly for unjust enrichment, depending how long ago this happened. ... Read More
Your niece stole from you. You can and should make a police report but be prepared to document your ownership of your portion of the money with... Read More

My mother is interned in a site that was transferred to me by my uncle whose descendants passed away. I'd like to move her to a crypt.What should I do

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
The cemetary is right.  There is a legal proceeding you need to bring in court to move a body.
The cemetary is right.  There is a legal proceeding you need to bring in court to move a body.

Civil litigation against former employer for unlawful firing, retaliation stemming from an assault on premises with no security.

Answered 8 years and 11 months ago by attorney Lori Nevias   |   1 Answer
You need to provide much more detail in order to assess whether your termination was in fact illegal. If you were fired based on discrimination due to your being in a protected class, you may have a lawsuit for civil rights violations. If you were fired because you reported a serious violation of a law that effects the public ( e.g, , food safety, dangerous premises condition, etc.) you may have a lawsuit under the "whistleblower" statute.... Read More
You need to provide much more detail in order to assess whether your termination was in fact illegal. If you were fired based on discrimination due... Read More

Who is held responsible

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
Whether buyer or cosigner, your daughter intended to be liable and is liable to the bank.  She can sue her father for contribution.
Whether buyer or cosigner, your daughter intended to be liable and is liable to the bank.  She can sue her father for contribution.

responsibility for broken ac caused by cooling towers

Answered 8 years and 11 months ago by attorney Lori Nevias   |   1 Answer
The general rule in a condominium is that you are responsible for anything in your apartment outside of the walls, and the condo is responsible for anything inside- or coming in from the outside. Unless there is a specific provision in the rules that says otherwise, you should be able to recoup the cost of your broken compressors from the condo. ... Read More
The general rule in a condominium is that you are responsible for anything in your apartment outside of the walls, and the condo is responsible for... Read More

Me and my 2 children were hit with deadly co2. Had to go to the ER, the home I rent has an unsafe furnace, and water heater, no co2 detec can I sue?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
It is a case, but as you were treated and suffered no damages, it is a limited case.  Obviously you should report the incident to the town or City and do not pay rent.
It is a case, but as you were treated and suffered no damages, it is a limited case.  Obviously you should report the incident to the town or... Read More

Can I be sued for a debt without agreement?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
Anyone can sue anyone for anything.  So the short answer is yes.  There is a proof problem on your friend's end, so you will likely win any case.
Anyone can sue anyone for anything.  So the short answer is yes.  There is a proof problem on your friend's end, so you will likely win any... Read More

Who do I sue for sitting in jail for a bad charge I did not commit?

Answered 9 years ago by attorney Lori Nevias   |   1 Answer
Unless you're leaving out some important facts, you may have an action for slander against the landlord's sister (and the landlord, if the landlord also lied to the police), if this happened less than a year ago and you can prove you were convicted based only on their false report/ perjured testimony to the police. ... Read More
Unless you're leaving out some important facts, you may have an action for slander against the landlord's sister (and the landlord, if the landlord... Read More

A tax preparer had irs send my refund to his account and he gave me a check way less than i was said to receive. Although i had already paid him.

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
You can sue in small claims if you are sure that the refund was greater than sent to you.
You can sue in small claims if you are sure that the refund was greater than sent to you.

How can I find an attorney to dispute an bill submitted by an unethical attorney?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
There is nothing unique about a lawyers bill.  You refuse to pay and the lawyer can sue you.  However, a lawyer must offer you arbitration to collect.  Also, lawyers often do not sue, as a counterclaim for malpractice is the natural outcome.  I have handled these cases.
There is nothing unique about a lawyers bill.  You refuse to pay and the lawyer can sue you.  However, a lawyer must offer you arbitration... Read More

My fiance won a judgment by default in a civil case.The defendant was ordered by the judge to pay and now refuses to pay. What can we do?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
You need to send the Sheriff (or Marshal in NYC) to collect it.
You need to send the Sheriff (or Marshal in NYC) to collect it.

My son was asulted at school and I want to fill a civil case against the school what do I do

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
Contact a personal injury lawyer.  The case, if any, will turn on the extent of damages.
Contact a personal injury lawyer.  The case, if any, will turn on the extent of damages.

laundromatbattendant refused my $20 after I washed my clothes. She didn't check the $20. She called it fake and refused to help me dry my clothes.

Answered 9 years and a month ago by attorney Lori Nevias   |   1 Answer
What you described might be slander if you had witnesses to the exchange and you suffered some actual damage (e.g. your boss overheard, decided you were dishonest, and fired you). Unless you can prove something to that effect, it was an unfortunate incident, but it is not a legal case. ... Read More
What you described might be slander if you had witnesses to the exchange and you suffered some actual damage (e.g. your boss overheard, decided you... Read More

Neighbors fire, damaged my rental (no insurance)

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Unfortunately, you have some work to do.  You need to straighten out the estates so you can sue for the damage.  Your own insurance should have covered this, or are you saying you had no insurance too?
Unfortunately, you have some work to do.  You need to straighten out the estates so you can sue for the damage.  Your own insurance should... Read More

Me and my girlfriend are on probation and parole in dif counties. We have permission to date and just had a baby but can't live together lawsuite?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
You need to have a laywer make a motion to modify the terms of your parole.  Contact a local criminal lawyer.  This is fairly routine.
You need to have a laywer make a motion to modify the terms of your parole.  Contact a local criminal lawyer.  This is fairly... Read More
Civil Litigation
New York

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